Trust & Estate Lawyer in Nassau County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Nassau County, New York. Estate planning under NY Estates, Powers and Trusts Law (EPTL) and probate in Surrogate’s Court require precise legal guidance. The firm, founded in 1997, offers full representation for wills, trusts, probate administration, and estate litigation. Our New York location serves clients across Nassau County by appointment.
New York Trust & Estate Law
New York trust and estate law is governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes outline the creation of wills and trusts, the probate process, fiduciary duties, and estate tax obligations. The New York estate tax has a $6.94 million exemption for 2026, with a “cliff effect” where estates exceeding 105% of the exemption are taxed on the entire value (NY Tax Law § 951).
Last verified: March 2026 | Verify with lead attorney | NY Senate EPTL
Official Legal Resources
For the full text of New York statutes and court procedures, refer to these official .gov resources: NY Estates, Powers and Trusts Law (official NY Senate) and the Nassau County Supreme Court website (official NY Courts).
Estate Planning and Probate Process in Nassau County
Wills are probated through the Nassau County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and oversees the inventory and accounting of estate assets. Trust administration follows the terms set in the EPTL.
- File the will and petition: Submit the original will and a petition for probate with the Surrogate’s Court, paying fees based on estate value.
- Serve citations: The court issues citations to all heirs and beneficiaries, notifying them of the proceeding.
- Appoint the fiduciary: The court formally appoints the executor (from the will) or an administrator (if no will).
- Inventory assets: The fiduciary must inventory all estate assets, manage them, and pay valid debts and taxes.
- File accountings: Required accountings and tax returns must be filed with the court and state.
- Distribute and close: After debts are settled, remaining assets are distributed to beneficiaries and the estate is closed.
Penalties and Consequences
In Nassau County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal, and estate tax penalties under NY law.
| Issue | Classification | Potential Consequence | Financial Impact |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate distribution frozen during litigation | Legal fees; potential redistribution |
| Breach of Fiduciary Duty | SCPA Violation | Surcharge; removal as executor/trustee | Personal liability for losses |
| NY Estate Tax Non-Payment | Tax Law § 951 Violation | Penalties & interest on unpaid tax | Tax on entire estate if over “cliff” |
| Improper Probate Filing | Procedural Defect | Case delays; dismissal of petition | Additional filing fees; extended timeline |
Results may vary. Each estate matter depends on unique facts and court interpretation.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to trust and estate matters in New York. Our approach is case-specific, focusing on the details of New York’s EPTL and SCPA to advocate for clients in Nassau County Surrogate’s Court.
Local Representation in Nassau County
Our New York location serves clients at Nassau County courts. We are accessible via I-495 (LIE), Northern State Parkway, and Southern State Parkway. As a trust and estate lawyer near Mineola and the Nassau County courthouses, we serve Mineola, Garden City, Hempstead, Long Beach, Valley Stream, Hicksville, Levittown, Freeport, Rockville Centre, Glen Cove, Oyster Bay, Great Neck, Massapequa, and Syosset. 24/7 phone consultations are available at (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
Phone: (888) 437-7747 | Local: (703) 636-5417
Availability: By appointment only.
Frequently Asked Questions
What is the New York estate tax exemption amount?
The New York estate tax exemption is $6.94 million for 2026. Estates exceeding 105% of this amount are taxed on the entire estate, not just the excess, due to the ‘cliff effect’ (NY Tax Law § 951).
How long does probate take in Nassau County Surrogate’s Court?
Probate typically takes 12 to 24 months in Nassau County. A small estate affidavit can expedite the process for estates valued under $50,000 (NY Surrogate’s Court Procedure Act).
What happens if someone contests a will in New York?
A will contest freezes estate distribution. The Surrogate’s Court will hear objections from interested parties. The process can take 12-24 months and requires legal grounds under NY Estates, Powers and Trusts Law.
What are the executor’s fees in New York?
Executor commissions in New York are set by statute (SCPA § 2307). The fee is a percentage of the estate’s value, paid for administering the estate and distributing assets to beneficiaries.
Do I need a lawyer to create a will in Nassau County?
While not legally required, a lawyer ensures your will meets New York’s formal execution requirements and helps avoid future disputes. DIY wills often fail due to improper witnessing or ambiguous terms.
Related Legal Services
For other legal needs in Nassau County, consider our Nassau County business lawyer, Nassau County civil litigation lawyer, or Nassau County contract lawyer. Explore more about New York trust and estate law on our state hub page. We also serve nearby areas like Albany County and Broome County. Learn more about Mr. Sris or our New York law location.
Last verified: March 2026. Information is current as of the verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.